| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 171/10 |
| Hearing date | 13 Jul 2010 |
| Determination date | 01 September 2010 |
| Member | J Crichton |
| Representation | D Beck ; R McCarthy (Respondent in person) |
| Location | Christchurch |
| Parties | Jamieson v McCarthy t/a Christchurch Tours Group |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed not informed about prospect of redundancy although aware work very quiet – Respondent claimed applicant aware business in trouble – Authority found applicant only employee made redundant – Found other staff did not know about proposed redundancy – Found respondent initially decided to close business but changed mind later same day – Found respondent advertised for additional staff one month later – Found respondent made applicant redundant two weeks later – Found redundancy not genuine – Found respondent’s process confused and obscure – Found no meeting between employer and employees to discuss redundancy – Authority did not accept respondent’s argument difficult to get staff together because of different runs – Respondent claimed staff overheard remarks about possible redundancies and business not profitable – Found overheard comments and bits of information about unsatisfactory financial position did not constitute full and proper disclosure and consultation – Found no process undertaken – Dismissal unjustified – REMEDIES – No contributory conduct – $6,000 compensation appropriate - $2,000 reimbursement of lost wages appropriate – GOOD FAITH – PENALTY – Applicant claimed respondent breached duty of good faith – Found respondent completely failed to fulfil obligations of good faith – $1,000 penalty appropriate – Bus driver |
| Result | Applications granted ; Compensation for humiliation etc ($6,000) ; Reimbursement of lost wages ($2,000) ; Penalty ($1,000)(payable to applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s124;Employment Relations Amendment Act (No. 2) 2004 |
| Cases Cited | EDS (New Zealand) v Shaddox [2004] ERNZ 497 |
| Number of Pages | 7 |
| PDF File Link: | ca 171_10.pdf [pdf 27 KB] |